Bari Weinberger is an esteemed NJ matrimonial law attorney practicing out of Morris County in northern New Jersey. She is the associate author of the New Jersey Family Law Practice, whose legal treatise is used by virtually every New Jersey family law judge and attorney in the state as a reference guide. In this article, she explains how pet “custody” issues are resolved.
Did you know that Americans have more cats than they do children? More and more, people treat their animals like children or companions, and with pet custody disputes becoming increasingly common in separations, lawyers need to appreciate the seriousness of this issue.
Legally, pets are considered to be a property right and the term “custody” does not apply. Emotionally, we know that pet owners care deeply for their animals and want to ensure their safety and protection. If you are involved in a dispute over the custody of your pet, the first step is to have a civil and practical discussion about what is best for the pet. If the pet was initially brought home for the children to enjoy, many people believe that pets should follow the children in the divorce. Others believe that the primary caretaker for the pet should continue in this role post-divorce to guarantee that the pet will have proper and ongoing care.
What is best for your pet differs from case to case and pet to pet, but if you and your spouse cannot reach a resolution on your own, consider mediation. A mediator is a neutral professional who can help facilitate a settlement arrangement that works for all involved. The process is confidential and non-binding until a formal agreement is executed. An open discussion in the presence of a neutral professional could be all that you need to work out a custody or time-sharing arrangement. Be advised that if you take a pet custody dispute to court, courts are expected to treat your pets as a property division and will make a decision without considering a best-interests standard.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
